USA > Indiana > Pioneer history of Indiana : including stories, incidents, and customs of the early settlers > Part 30
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the war had raged for some time, the Shawnees sent word to the white people-"Send someone who can understand our language." General John Gibson was selected to go. Enter- ing the town he was conducted to the great Shawnee Chief, Cornstalk, and other chiefs of the same nation. Logan came to the place where they were and asked Gibson to walk with him. When they had reached a nearby copse of woods, they sat down on a log and Logan, after shedding an abundance of tears made the following speech to Gibson: "I appeal to any white man to say if he ever entered Logan's cabin hungry and he gave him not meat. If he ever came cold .and naked and he clothed him not. During the course of the last long and bloody war, Logan remained idily in his cabin, an advocate of peace. Such was my love for the whites that my countrymen pointed as they passed and said-'Logan is the friend of the white man.' I had even thought to have lived with you. but for the injuries of one man, Colonel Cresap, who last spring, in cold blood and unprovoked, mur- dered all the relatives of Logan, not even sparing my women and children. There runs not a drop of my blood in the veins of any living creature. This called for revenge. I have sought it. I have killed many. I have glutted my ven- geance. For my country I rejoice at the beams of peace but don't harbor for a moment the thought that mine is the joy of fear-Logan never felt fear. He will not turn on his heel to save his life. Who is there to mourn for Logan? Not one."
One of the lords of England, when on a visit to Lord Dunmore went with him to the wilds of Virginia and met Logan. When he returned home, in a speech telling of what he had seen, he said: "I met an Iroquois Indian by the name of Logan and he was the finest specimen of humanity, red or white, that my eyes have ever seen."
GOVERNOR THOMAS POSEY.
In February, 1813. President Madison appointed Thomas Posey who was a senator in Congress at that time from the state of Tennesee, Governor of the Indiana Territory. Governor
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Posey had been an officer in the Revolutionary war and went to Vincennes to take charge of his office on the 25th of May, 1813. The Territorial Legislature met at Corydon on the 6th day of December, 1813 and received the Governor's message. This message in part said:
"The present crisis is awful and big with events. Our land and nation is involved in the common calamity of war but we are under the pro- tecting care of the beneficent Being who has in former occasions brought us in safety through an adventurous struggle and placed us on a founda- tion of independence, freedom and happiness. He will not suffer to be taken from us what he has, in his great wisdom, thought proper to confer and bless us with, if we make a wise and virtuous use of his good gifts.
"Although our affairs at the commencement of the war wore a gloomy aspect, they have bright- ened and promise a certa ny of success if proper- ly directed and conducted, of which I have no doubt, as the President and heads of departments of the general government are men of undoubted patriotism, talents and experience, who have grown old in the service of their country. It must be ob- vious to every thinking man that we were forced into the war. Every measure consistent with honor before and since the declaration of war has been tried to be on amicable terms with our en- emies. If they will not listen to terms of recipro- city and be at peace with us, who is the man who is a friend to this country who will not give a helping hand and use his best exertions to preserve and maintain inviolate the just rights of this country?
"It is to be hoped that there are none such."
During that session of the Legislature, which lasted altogether thirty days, there were several very useful and commendable laws passed. One of the most important was that regulating and reorganizing the Territorial militia. Others were to regulate the practice of attorneys; to author- ize collection of taxes; an act to regulate elections; an act to prevent duelling, requiring all of the civil and military of-
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ficers to prescribe to an oath that they would not accept a challenge or carry a challenge for a duel.
Governor Posey was in very poor health and had to leave the seat of Territorial government and go to Jeffersonville for medical attention. He remained away all the time dur- ing the session of the Legislature and for a long time after- ward.
The House of Representatives of Indiana Territory, by an act of Congress on the 4th of March, 1814, was authorized to lay off that territory into five subdivisions or districts, and in each of these districts the voters were empowered to elect a member to the Legislative Council. The members of the House assembled at Corydon in June, 1814, and divided the districts in accordance with the said act of Congress. These divisions consisted of the following counties:
1. Washington and Knox.
2. Gibson and Warrick.
3. Harrison and Clark.
4. Jefferson and Dearborn.
5. Franklin and Wayne.
There was a great deal of contention at this time that interfered with the administration of the laws. The contro- versies grew out of a doubt that the people had as to the jurisdiction and powers of the several courts of the Territory. To cure this defect, Governor Posey issued a proclamation convening the General Assembly to meet at Corydon on the 15th of August, 1814.
The General Assembly was convened for the purpose of organizing a judiciary system in conformity to the laws of the United States and that Legislature by an act, divided the territory into three judicial circuits and made provisions for holding courts; defined the jurisdiction of such courts and authorized the Governor to appoint a presiding judge in each circuit and two associate judges of the circuit courts in each county. The Governors were required by this statute to se- lect for the circuit judges men learned in law who were citi- zens of the United States and had regularly practiced in the
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courts of the United States or in this Territory for the three years previous.
The administration of justice in the Indiana Territory was embarrassed by difficulties which no Territorial Legisla- ture could remove. These difficulties were mentioned in a memorial by the Territorial General Assembly and laid be- fore the House of Representatives of the United States on the 18th of October, 1814. It seems by a former law which Con- gress had passed, one of the judges appointed for the govern- ment of this Territory was authorized to hold court. By this, one of the judges was competent to hold a court and decide a point of law at one term, and at the next, if the other two judges should be present, they might decide the same princi- ples of law differently.
There was another evil growing out of the system of one judge holding the superior court, or the court of last resort, for appeals were taken from all the courts of inferior juris- diction to the court organized by the ordinance, which in- ferior courts are never constituted of less than two judges. Thus the suitor in the Territory was frequently driven to ap- peal from the judgment of the two men to that of one, but this only constituted part of the trouble, for the next superior court and the other two judges might over-rule the decision of their judge at the preceding term. Hence the want of uni- formity in the decisions of the court of the last resort.
Some of the evils complained of were cured by an act of Congress on February 24, 1815. That act set out that the general or superior court of the Indiana Territory should be composed of at least two of the judges appointed by the United States.
After the successes by land and sea of the American army and navy, all opposition disappeared from the north- west section of the United States, and England seemed to have contented herself with the guerilla-marauding, house- burning kind of war at exposed places on the Atlantic coast. During 1814 there was a large emigration into Indiana Ter-
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ritory. The trouble with the Indians had passed, never to return with any severity in this section. The people com- menced to develop the country, build houses, repairing the damage done by the Indians and their brutal allies. By the time that the joyful news of peace was declared in the latter part of December, 1814, all the older settled districts of Indiana Territory had received such a large addition to their population that the hum of busy industry was heard on every hand. They built mills, cleared land, opened roads and in many ways started out to develop and improve the rich coun- try they had selected for their homes.
In the year 1814 the General Assembly of Indiana Territory granted charters to two banking institutions. The Farmers' and Mechanics' Bank of Indiana at Madison was incorporated by an act approved the 5th of September. The charter ex- tended to the first of January, 1835. That act declared that the property of the corporation, including the capital stock, should not exceed $750,000.00. An act incorporating the Bank of Vincennes was approved on the 10th of September. The capital stock of this institution was fixed at $500,000.00, the charter authorizing the stockholders to organize a bank on prescribed conditions until October 1, 1835. The charters of these banking institutions were confirmed by the state constitution in 1816. The Legislature by an act of 1817 adopted the Bank of Vincennes as the State Bank of Indiana.
In 1814 Frederick Rapp bought a large body of land on the Wabash river and founded the society known as the Rap- pites and established a town which they named Harmony. The society was composed of Germans who were principally natives of Wurtemberg. The members of the society were professedly Lutherans and were very simple in their manners, dress and living. By industry and economy they purchased a very large body of land, opened farms, planted vineyards and orchards, erected mills for the manufacture of flour and meal and an establishment for the manufacture of various sorts of articles of industry. In the town they erected
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churches and public schools. Their farms, homes and prop- erty, by certain stipulations of agreements in their organiza- tion, were owned in common by the members of that com- munity; and their spiritual welfare was vested in Frederick Rapp, who was the founder of the society. They manufac- tured many things, having artisans of many professions- hatters, shoemakers, blacksmiths and coopers, tailors, tan- ners and wagon-makers, wheelwright mechanics, and sad- dlers. They had establishments for spinning and carding and making various sorts of cloth, both cotton and woolen. and the common goods for dresses of that day-flannel and linsey. They brought from the old country their love of the distilled hops, which they brewed in a large distillery.
The community under Rapp had in the neighborhood of nine hundred persons. Schoolcraft, who visited New Har- mony in 1821, said: "There is not an individual in that so- ciety who is of the proper age who does not contribute his proportional share of labor. They have neither spendthrifts nor drunkards, and during the whole period of their residence in America, about seventeen years, there has not been a . single lawsuit among them. If a misunderstanding or quar- rel occurs, it is a rule to settle it before retiring to rest, thus obeying the injunctions of the prophets."
In 1825 the town of Harmony, now called New Harmony, was sold to Robert Owen, of Scotland, and Mr. Rapp and his associates moved away. Mr. Owen came from Scotland and was regarded as a philanthropist who did not regard Chris- tianity as an essential element of society, and made efforts to establish a community at New Harmony who were under the same impression.
There is a very interesting volume written by Lockwood giving a full history of the Harmony movement. The author will only give here an anecdote showing Father Rapp's re- sourcefulness in bringing his adherents to his way of think- ing. The latter part of this has not been published before.
Those who are familiar with the history of the Rappites will recall that while they were at New Harmony, Father Rapp in many instances had difficulty in bringing his indus-
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trious followers to a point where they were willing to leave their works of useful industry to gratify .his ideas for erect- ing great structures. At one time Rapp was very desirous of building a large granary to store the cereal the community raised and also to build a very large military fortress pierced with portholes for artillery and musketry in tiers one above the other, in case he should have trouble with the Indians. He allowed his wants to become known to the community, but they demarred against his wishes. He then realized that the time was at hand when he must bring to his aid other than temporal things to gain his point. For the time he seemed to acquiesce in their opposition. In the meantime he sent some of his trusted adherents with a boat to a point on the Mississippi river, where he knew there were two large pic- tograph rocks. In each of them was an impression of an enor- mous human foot. These boats were returned at night and the treasured rocks were conveyed into Rapp's front yard and nicely imbedded in the turf The next morning he sent a courier around to see all his people and invited them at a cer- tain hour to come to his house. When the people arrived they were amazed to find these two great slabs of stone with the immense footprints. In a short time Father Rapp came slowly out of his house and walked down to where the people were standing and in a very meek and submissive manner told the people that during the night Gabriel had come down from Heaven on these stones and had given him instructions to forthwith proceed to the erection of the granary and the great military fortress, and that if he failed to carry out these injunctions, there would be visited upon him and his people plagues and disasters which would be their ruin. This was all that was needed. The shoemaker torsook his bench, the hatter his blocks, the tailor his table, the blacksmith his anvil, the weaver his loom, and the dyer his pots, the farmer his plow, and even the distiller left off brewing his favorite beverages in the great rush to erect that immense granary and military fortress, which is standing today in a good state of preservation at New Harmony, Indiana.
CHAPTER XVI.
INDIANA BECOMES A STATE.
CONSTITUTION ADOPTED -OFFICERS SELECTED - GOVERNOR JENNINGS' FIRST MESSAGE - BOUNDARY AND AREA OF STATE -SURVEY -- TAXES - INTERNAL IMPROVEMENTS- PURCHASE OF INDIAN CLAIMS - COUNTIES ORGANIZED - AGUE AND OTHER ILLNESS-FAILURE OF STATE BANKS- WILLIAM HENDRICKS ELECTED GOVERNOR -SITE OF IN- DIANAPOLIS CHOSEN FOR CAPITAL - INDIANIANS CALLED HOOSIERS-COUNTIES ORGANIZED - WHITE MEN EXE- CUTED FOR MURDER OF INDIANS-A LETTER FROM OLIVER H. SMITH-IMPROVEMENTS RECOMMENDED BY GOVERNORS HENDRICKS AND RAY.
On the first Monday in December, 1815, the Legislature of Indiana Territory met at Corydon. Governor Posey was still an invalid at Jeffersonville, but on his message to the General Assembly, congratulating them and the country on the termination of the war, and alluded to the vast tide of emigration which was coming into the Territory from every quarter, and advising the Legis- lature to make such wholesome laws as would develop the country and add to the comfort of the new comers. Among the beneficial acts that he asked them to look after, was education and the opening of public highways throughout the settled portions of the Territory. The Leg- islature, which lasted for thirty days, passed some amend-
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ments to the existing laws and adopted some others which would meet the requirements of the condition of the Territory.
A memorial was adopted by that Legislature and sent to Mr. Jennings, the Territorial delegate in Congress, which he laid before that body. It contained the followin co
"Whereas, The ordinance of Congress for the government of this Territory has provided that when there shall be sixty thousand free inhabit- ants therein, this Territory shall be admitted into the Union of equal footing with the original states; and whereas, by the census taken by the authority of the Legislature of this Territory, it appears that the number of free white inhabitants exceeds sixty thousand, we therefore pray the honorable Senate and House of Representatives, in Congress as- sembled, to order an election according to the exist- ing laws of this Territory to be held in the several counties on the first Monday in May, 1816, for rep- resentatives to meet in convention at the seat of government of this Territory on the 10th day of June, 1816, who, when assembled, shall determine by a majority of the votes of all the members elected whether it will be expedient to form a state government, and if it is determined expedient, the convention thus assembled shall have the power to form a constitution and frame of government, or if it be deemed inexpedient to provide for the elec- tion of representatives to meet in convention at some future time to form a constitution. Whereas, the inhabitants of this Territory are principally emigrants from every part of the Union and as various in their customs and sentiments as in their persons, we think it prudent at this time to express to the General Government our attachment to the fundamental principles of legislation prescribed by Congress in their ordinance for the government of this Territory, particularly as respects personal freedom and involuntary servitude, and hope they may be continued as a basis of the constitution."
The memorial was referred to a committee, of which Mr. Jennings was chairman, and on the 5th of January, 1816, was reported to the House of Representatives of the United States. A bill enabling the people of Indiana Territory to
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form la constitution and state government and for the "admission of the state into the Union on the same basis as other states had been admitted, was passed by Congress and approved by the President of the United States on the 19th of April, 1816.
On Monday, the 13th day of May, 1816, members of the constitutional convention were elected in proportion to the population of each county in the Territory of Indiana.
CLARK COUNTY-White males over 21 years, 1,387; total population, 7,150. Members of the con- vention, Jonathan Jennings, James Scott, Thomas Carr, John K. Graham and James Lemmon.
DEARBORN COUNTY-White males over 21 years, 902; total population, 4,424. Members of the con- vention, James Dill, Solomon Manwaring and Ezra Ferris.
FRANKLIN COUNTY-White males over 21 years, 1,430; total population, 7,370. Members of the con- vention, William H. Eads, James Brownlee, Enoch McCarty, Robert Hannah, Jr., and James Noble.
GIBSON COUNTY-White male inhabitants over 21 years, 1,100; total population, 5,330. Members of convention, David Robb, James Smith, Alexan- der Devin and Frederick Rapp.
HARRISON COUNTY- White male inhabitants over 21 years, 1,050; total, 6,975. Members of con- vention, Dennis Pennington, Davis Floyd, Daniel C. Lane, John Boone and Patrick Shields.
JEFFERSON COUNTY-White males over 21 years, 874; total, 4,270. Members to convention, David H. Maxwell, Samuel Smock and Nathanial Hunt.
KNOX COUNTY-White males over 21 years, 1,391; total, 8,068. Members to convention, John Johnson, John Badollet, William Polk, Benjamin Park and John Bennefield.
POSEY COUNTY - White males over 21 years, 320; total population, 1,619. Member to conven- tion, Dann Lynn.
PERRY COUNTY - White males over 21 years, 350; total population, 1,720. Member to conven- tion, Charles Polke.
SWITZERLAND COUNTY - White male citizens over 21 years, 377: total population, 1,832. Member to convention, William Cotton.
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WAYNE COUNTY-White males over 21 years, 1,225; total population, 6,407. Members to conven- tion, Jeremiah Cox, Patrick Baird, Joseph Holman and Hugh Gull.
WASHINGTON COUNTY- White males over 21 years, 1,420; total population, 7,317. Members to convention, John DePauw, Samuel Milroy, Robert McAntire, William Lowe and William Graham.
WARRICK COUNTY - White males over 21 years, 280; total population, 1,415. Member to conven- tion, Daniel Grass.
GRAND TOTAL POPULATION-63,897.
The convention assembled at Corydon on the 10th of June, 1816, and completed its work on the 29th day of June, 1816. Jonathan Jennings was chosen to preside over the convention and William Hendricks was elected secretary. The constitution framed by the men of this convention was a practical business document, and in the interest of good gov- ernment and for the advancement of the individual and state interests. Under the wise provisions of this constitution the State of Indiana made rapid advancement in the improve- ments of the country and in upbuilding of state institutions and in internal improvements, which were carried out for the advancement of the interest, comfort and convenience of the people.
Under this code of laws made by the old pioneers (who had undergone the perils, hardships and many privations in order that they might have this rich domain as a home for themselves and to transmit as a princely heritage to their children), with amendments adopted from time to time, the people of this state lived and prospered for thirty-six years, when it was thought best to adopt a new constitution in 1852.
An act of Congress enabling the people of Indiana Terri- tory to form a constitution and state government, contained several conditions and propositions with respect to boundaries, jurisdiction, school lands, salt springs and land for seat of government. All the conditions and propositions were ac- cepted by an ordinance which passed the Territorial conven- tion on the 29th of June, 1816.
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The officers of the Territorial Government of Indiana, including the Governor, Secretary of State, Judges, civil and military officers, were required by the provisions of the State constitution to continue the exercise of their duties until they were superseded by officers under the authority of State government. The president of the convention which formed the constitution was required to issue writs of election to the sheriffs of the different counties, requiring them to call an election to be held for Governor, Lieutenant Governor, a Rep- resentative to Congress of the United States, members of the General Assembly, sheriffs and coroners, at the respective election districts in each county; election to be held the first Monday in August, 1816. At the first general election held in the different counties in Indiana, Jonathan Jennings was elected Governor, receiving 5,211 votes. His opponent was Thomas Posey, then Governor of Indiana Territory, he re- ceiving 3,934. Christopher Harrison, Washington County, was elected Lieutenant Governor; William Hendricks was elected the first Representative from the State of Indiana to Congress. At that election the following named individuals from the counties here named were elected as Senators and Representatives:
SENATE.
Knox County: William Polk.
Gibson County: William Prince.
Posey, Perry and Warrick Counties: Daniel Grass.
Wayne County: Patrick Baird.
Franklin County: John Conner.
Washington, Orange and Jackson Counties: John Depauw.
Jefferson and Switzerland Counties: John Paul.
Dearborn County: Ezra Ferris.
Harrison County: Dennis Pennington.
Clark County: James Beggs.
HOUSE OF REPRESENTATIVES.
`Clark County: Benjamin Ferguson, Thomas Carr and John K. Graham.
Dearborn County: Amos Lane and Erasmus Powell.
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Franklin County: James Noble, David Mount and James Brownlee.
Gibson County: John Johnson and Edmund Hogan.
Harrison County: John Boone, Davis Floyd and Jacob Zenor.
Jefferson County: Samuel Alexander and Williamson Dunn.
Knox County: Walter Wilson, Henry I. Mills and Isaac Blackford.
Posey County: Daniel Lynn.
Perry County: Samuel Conner.
Switzerland County: John Dumont.
Wayne County: Ephriam Overman, Joseph Holman and John Scott.
Washington County: Samuel Milroy and Alexander Little.
Warrick County: Ratcliffe Boone.
Jackson County: William Graham.
Orange County: Johnathan Linley.
The first meeting of the General Assembly commenced its session at Corydon on the 4th of November, 1816. John Paul was elected chairman of the Senate pro-tem until the oath of office would be administered to Lieutenant Governor Harrison. Isaac Blackford was elected Speaker of the House of Representatives November 7th; the oath of office was ad- ministered to Governor Jennings and Lieutenant Governor Harrison, after which Governor Jennings delivered his first message to the General Assembly. This message was so re- plete with many good things for the interest of the inhabit- ants of the young state and gave evidence of such wise ad- ministration for the people, that it is here given in full:
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